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2017 Annual Conference and General Assembly

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2017 Annual Conference and General Assembly 2017 Annual Conference and General Assembly 6-8 September 2017 Programme Overview Wednesday, 6 September Venue: Vienna City Hall, Lichtenfelsgasse 2 Entrance, 1010 Vienna 09:30 - 10:00 Registration (Council members only) ELI Council Meeting 10:00 - 11:00 Registration (all others) (in its outgoing formation - Council members only) Entrance to Festival Hall Nordbuffet 11:05 -12:35 ELI General Assembly (ELI members only) European Young Lawyers’ Award – Winner’s Presentation Festival Hall 12:35 - 14:00 Buffet Lunch ELI ANNUAL CONFERENCE (ALL CONFERENCE PARTICIPANTS) Venue: Vienna City Hall, Lichtenfelsgasse 2 Entrance, 1010 Vienna 14:00 - 14:30 Welcome Addresses and Introduction Diana Wallis, ELI President Heinz W Engl, Rector of the University of Vienna Paul Oberhammer, Dean of the Law Faculty of the University of Vienna 14:30 - 16:00 Plenary Session: Rescue of Business in Insolvency Law Festival Hall 16:00 - 16:30 Coffee Break 16:30 - 18:00 Detention of Asylum Seekers and Irregular Common Constitutional Principles in Europe Migrants and the Rule of Law Nordbuffet Festival Hall 19:00 - 22:00 Evening Reception Venue: Palais Trautson, Museumstraße 7, 1010 Vienna Thursday, 7 September Venue: Vienna City Hall, Lichtenfelsgasse 2 Entrance, 1010 Vienna 08:00 - 09:00 Registration Entrance to Festival Hall 09:00 - 10:15 From Transnational Principles to European Rules Building a Data Economy of Civil Procedure: Evidence, Provisional Measures and Service of Documents Nordbuffet Festival Hall 10:15 - 10:45 Coffee Break 10:45 - 12:00 The Courts and Alternative Dispute Rules and Standards for Online Intermediary Resolution Platforms Festival Hall Nordbuffet 12:05 - 14:00 Keynote Lecture and Buffet Lunch Festival Hall 14:00 - 15:15 Business and Human Rights Internet of Things Nordbuffet Festival Hall 15:15 - 15:45 Coffee Break 2 Programme Overview 15:45 - 17:00 Third Party Funding of Litigation Fiduciary Access to Digital Assets Nordbuffet Festival Hall 17:00 - 17:30 Announcement of the Council Election Results Festival Hall 17:30 - 19:00 ELI Council Meeting (in its new formation - Council members only - Election of Executive Committee) Nordbuffet 19:30 - 22:00 Conference Gala Dinner Venue: Palais Niederösterreich, Herrengasse 13, 1010 Vienna Friday, 8 September Venue: Faculty of Law, University of Vienna, Schottenbastei 10-16, 1010 Vienna 09:30 - 10:45 The Protection of Adults in Digital Law SIG (08:30-10:45) - U21 International Situations Top Floor (DG) 10:45 - 11:15 Coffee Break 11:15 - 12:30 Empowering European Families Dispute Resolution SIG (11:00-12:30) - U12 Business and Financial Law SIG (11:15-12:30) - U14 Contract, Tort and Property Law SIG (11:15-12:30) - U21 Top Floor (DG) 12:30 - 14:00 Buffet Lunch 14:00 - 15:15 R&D Tax Incentives Administrative Law SIG (14:00-15:15) - U12 Top Floor (DG) 15:20 - 16:35 Conflict of Laws and Digitalisation Family Law and Succession Law SIG (15:15-16:35) - U14 Civil Law SIG (15:15-16:35) - U21 Top Floor (DG) 16:40 - 16:50 Closing Remarks: Newly Elected President Top Floor (DG) 19:00 - 22:00 Social Event (Heuriger) Venue: Mayer am Pfarrplatz, Pfarrplatz 2, 1190 Vienna 3 About the European Law Institute Diana Wallis, President ‘The ELI Annual Conference this year is another step forward for the Institute with a tremendously varied agenda and many parallel sessions; delegates will have some difficult choices to make – I trust in a good way. More than ever the agenda reflects our collective view towards the future and the particular challenges which technological developments and political uncertainties bring to Europe; it is for the legal community which the ELI comprises to ensure that this remains a Europe where fairness and above all justice prevail.‘ Christiane Wendehorst, Vice-President ‘The European Law Institute has given a voice to the European legal community for six years now – a voice to a community of judges, legal professionals, academics and jurists with other vocational backgrounds from all over Europe and beyond, who are united by their common vision of a vigorous Europe, democracy, the rule of law and the improvement and further development of the law.‘ © Thomas Seifert Johan Gernandt, Treasurer ‘As Treasurer for the ELI, I am also glad that the ELI has received financial support from the European Commission and the Fritz Thyssen Stiftung. Only due to that support, together with the support of its members, has it been possible for the ELI to expand and take on new projects over the years. Despite the recent turn of events, English lawyers in the ELI will hopefully still contribute to the development of the European Community‘s laws in future and in so doing will simultaneously be inspired in their own domestic discussions.‘ The law in Europe has a profound impact on the daily lives of European citizens, companies and organisations. As an independent organisation, the European Law Institute (ELI) aims to improve the quality of law, support its development and contribute to its proper implementation both on a national and European level. At the heart of the ELI’s activities are its projects, which can be either Statements or Instruments: the former are usually short-term projects that react to current developments, while the latter are proactive in nature and will often take several years of drafting. Alongside Hubs, which are national networks of ELI members, the ELI has also established Special Interest Groups (SIGs), through which it aims to scrutinise the latest, cutting- edge developments in the different fields of law. Participation in ELI activities is encouraged amongst all members, and those members wishing to play a particularly significant and decisive role in the functioning of the Institute can stand for election in the ELI Council. ELI members can also take part in various projects, either as project team members or as participants of Members Consultative Committees. The ELI is proud of its diverse membership, and values the variety of expertise and perspectives, which it brings to the organisation. The ELI is partly modelled on the American Law Institute (ALI), which was founded in 1923 and has since become a landmark institution in the American legal system. Like its American counterpart, the ELI aims to unite jurists of the highest standing from all branches and professions of the law. The Institute operates on its own initiative but is also open for cooperation with other institutions that share its vision. Since its foundation, the Institute has established close working relations with European institutions such as the European Parliament, the European Commission and the Council of Europe, international organisations such as United Nations Commission on International Trade Law (UNCITRAL) and the International Institute for the Unification of Private Law (UNIDROIT), as well as institutions such as the Council of the Notariats of the European Union (CNUE), the European Network of Councils for the Judiciary (ENCJ) and the Academy of European Law (ERA). 4 Programme Wednesday, 6 September 2017 Venue: Vienna City Hall, Lichtenfelsgasse 2 Entrance, 1010 Vienna 09:30 - 10:00 Registration (Council members only) ELI Council Meeting 10:00 - 11:00 Registration (all others) (in its outgoing formation - Council members only) Entrance to Festival Hall Nordbuffet 11:05 - 12:35 ELI General Assembly (ELI members only) European Young Lawyers’ Award – Winner’s Presentation Festival Hall ELI ANNUAL CONFERENCE 14:00 - 14:30 Welcome Addresses and Introduction Festival Hall Diana Wallis, ELI President Heinz W Engl, Rector of the University of Vienna Paul Oberhammer, Dean of the Law Faculty of University of Vienna Heinz W Engl is Professor of Industrial Mathematics at the University of Linz and the Rector of the University of Vienna (Austria). He studied Mathematics at Johannes Kepler University of Linz (Austria), a degree which was followed by a doctorate in 1977 and a habilitation in 1979. He became Vice-Rector of the University of Vienna in 2007 and subsequently Rector in 2013. Engl has received various prizes, including the Theodor Körner Prize in 1978, the Wilhelm Exner Medal in 1998 and the International Council for Industrial and the Applied Mathematics Pioneer Prize in 2007. He is also Honorary Professor of Fudan University Shanghai (China) and has an Honorary Doctorate from Saarland University (Germany). Paul Oberhammer is the Dean of the Law Faculty of the University of Vienna and a Professor there. He is also Permanent Visiting Professor at the Law School of St Gallen University in Switzerland and a formerly Full Professor at Halle-Wittenberg University in Germany and Zurich University in Switzerland. 14:30 - 16:00 Plenary Session: Rescue of Business in Insolvency Law (Presentation of final Project results and voting on draft ELI Instrument) Festival Hall Chair: Bob Wessels Panellists: Jenny Clift, Tuula Linna, Stephan Madaus, Elsbeth de Vos The Rescue of Business in Insolvency Law Project Team began their work in late 2013 with the challenging aim of design- ing elements of an appropriate enabling legal framework for business rescue in Europe. This includes certain statutory procedures that could better enable parties to negotiate solutions when businesses become financially distressed. The ELI is pleased to announce that the final report of this flagship Project is ready to be presented at the upcoming Annual Conference. Panel members include Prof em Bob Wessels (University of Leiden, The Netherlands) and Prof Stephan Madaus (Martin Luther University, Halle-Wittenberg, Germany), both of whom are Project Reporters. The Rescue of Business in Insolvency Law Project is timely and may have a significant and positive impact on the harmonisation efforts of the European Commission as laid down in the November 2016 Proposal for a Directive on Preventive Restructuring Frameworks. The draft Instrument, which is over 375 pages long, contains 115 recommenda- tions on a variety of themes affected by the rescue of financially distressed businesses: legal rules for practitioners and courts, contract law, the treatment and ranking of creditors’ claims, labour law, laws relating to transaction avoidance and corporate law.
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